MyPrivateBoutique
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Terms and Conditions

Article 1: Application field

The following general sales conditions are due to establish the regulations between :

- The JBY S.A. company, 59 route des Jeunes, 1227 Carouge / Geneva , publisher of the website www.MyPrivateBoutique.ch and

- The web user accepting the general conditions of www.MyPrivateBoutique.ch, hereunder designated as the customer.

Article 2: Products / Services

2.1 The products / services sold are described on the website www.MyPrivateBoutique.ch at time of purchase.

2.2 The products are available on the website depending on the stock availability

Article 3: Price, delivery and value-added services fees participation

3.1 The prices are net, in Swiss Francs, VAT included and are applicable during the entire sales period

3.2 Delivery and administrative (payment on invoice) fees are on top of the indicated retail prices and appear under the « basket » section of the order form

3.3 Signature additional service which consists of handover only on presentation of authorization for delivery is optional will be charged 1.90 on top of the indicated retail prices and appear under the "basket" section of the order form.

Article 4: Sales validation, payment, cancellation, confidentiality

4.1 The sales is concluded once the customer has validated his/her basket by clicking on the “confirmation” button and when he/she receives a confirmation through e-mail

4.2 The purchase amount is due at the time of the ordering without any discount. The payment can only be done by credit card (Visa, Mastercard or American Express), Paypal, PostCard or by Invoice (Invoice fees: Email 2.90 and Post 4.70).

4.3 JBY S.A. does not have access to the confidential data related to the payment. The data is encrypted and transmitted to the SaferPay and SwissBilling companies through a secure system to which JBY S.A. does not have access.

4.4 JBY S.A. reserves the right to cancel an order in case of a pricing error consequent to a technical problem or data entry error. In all cases, the images are not contractually binding.

4.5 JBY S.A. accepts cancellations or modifications only within next 24 hours after the order is placed. The request shall only be made by email to following address: info@myprivateboutique.ch

4.6 JBY SA reserves the right, at its sole discretion, to deny or cancel orders at any time and without prior notice. In this case, JBY SA does not have the obligation to provide an explanation for its decision.

4.7 After the order is confirmed, the customer can request a cancellation or modification within a maximum of 24 hours. The request must be submitted via email to the following address: info@myprivateboutique.ch 

Article 5: Delivery

5.1 The products are delivered to the address indicated by the customer during the ordering process in Switzerland and Liechtenstein only.

5.2 Unless special mention during the order validation, goods are delivered within from 3 up to 21 days. The estimated delivery time for each product is always communicated into the online product description, order confirmation and online order status.

5.3 JBY S.A. takes the responsibility to advise the customer in case of an important delay in the delivery. No indemnity can be claimed for delivery delays.

5.4 The amount of delivery fees is indicated in the basket section and is subject to approval of the customer before the validation of the order.

5.5 Parcels which have not been collected from post office or refused are systematically returned and charged to JBY S.A by Swiss Post. Within a reasonable timeframe the customer will be informed by email and will be offered to be delivered again, the cost of shipping will be charged to the customer. Alternatively the customer can cancel his order, in such a case only shipping fees (including return) will be charged to the customer. Without any reply from customer after a 3 months period (from dispatch date) the order will be offered to a charity programme. 

5.6 In case of multiple of orders, JBY S.A. without any notice, can group all products in one single shipment in order to reduce cost of shipping. 

5.7 Customers are responsible for all packages delivered by the Swiss Post to their mailbox or postal annex if they have not opted for the "signature" service. JBY SA will not be liable in the case of theft and will offer no indemnity in this case. 

Article 6: Guarantee in case of default, return policy

6.1 Should the product present a defect, this must be reported immediately upon receipt of the goods by email. JBY S.A.’s responsibility is limited to the return of the product and the reimbursement of the related product price provided that the return conditions described here below are respected.

Beyond defects identified upon receipt, JBY SA does not take responsibility for goods which would have been damaged through usage or lack of care and JBY SA doesn’t offer any guarantee on products sold. The customer can at any time directly contact the brand or producer if a guarantee is offered.

6.2 Independently of a default, the customer can return at his/her costs the order within 14 days as of shipment dispatch date.

6.3 All items must be returned new, unused and unwashed with all stickers, tags, plastic packaging and any other elements of the original packaging. Shoes must be returned in their original branded box in perfect condition. Shoe boxes must be placed inside another box for returns in order to prevent damage during shipping. Swimwear bottoms should be tried on with underwear and must be returned with protective adhesive strips still in place. Returns that do not meet our  policy will not be accepted.

6.4 In case of return in accordance with paragraphs 6.1, 6.2 and 6.3 here above, the price paid for the returned product(s) will be reimbursed back on the customer MyPrivate Wallet (electronic wallet). The customer can than visit his online account in order to fill his bank details and initiate a free transfer of full or partial amount to his bank account (2 business days) . In case of payment on Invoice your invoice will be adjusted or if you have already paid the price of the return product(s) will be reimbursed.

6.5 Unless the product(s) presented a default, the shipping and handling fees will not be reimbursed and the cost of return are supported by the customer.

6.6 For wines and spirits, the buyer confirms, through his order that he/she has reached the required legal age.

6.7 We do not accept any returns for underwears, stockings, wonderland, wines & spirits and erotic products.

6.8  When using a discount code, if the final amount of the transaction after any return or/and cancellation is inferior to the minimum amount obliged by the discount code, then the discount is no longer applicable to the products that were not returned. In this case, the discount is then no longer valid/reimbursed.

Article 7: Suppliers

7.1  JBY SA has decided not to be part member of the official distribution network from following brands L'OREAL, TISSOT, HEALTH & BEAUTY, KERASTASE, TAG HEUER, LONGCHAMP, ICE WATCH, MONCLER, BURBERRY, ABERCROMBIE & FITCH, LOUBOUTIN, GUCCI, IWC, ROLEX, BEAUME & MERCIER, JAEGER LECOULTRE, FRANK MULLER, L'OCCITANE, WOOLRICH, DAVINES, MOSCHINO, MOSCHINO Love, LANCASTER Paris, la prairie, CHANEL, NYX, SWAROVSKI, HUBLOT, FENDI, BVLGARI, CORUM, PANERAI, KENZO, ZENITH, LANCASTER PARIS, VALENTINO and GUESS. As result JBY SA is in a situation to offer its customers on MyPrivateBoutique genuine products from these brands based on the legal conditions offered by Swiss Federal court.

Article 8: Modification of terms and conditions

8.1 The present General conditions can be modified at any time by JBY S.A.

8.2 It is the customer’s responsibility to regularly keep updated with the content of any modification of the present General conditions by consulting the following website: http://www.MyPrivateBoutique.ch

Article 9: Applicable Law and jurisdiction

9.1 The business relation between JBY S.A. and the cutomer are regulated by the Swiss Law.

9.2 For any litigation between JBY S.A. and the customer, the applicable jurisdiction is the one of the location of the headquarters of JBY S.A. in Geneva .

Geneva, March 2018

 

TERMS OF USE

1.1 Your access and use of the websites of JBY S.A. which includes www.MyPrivateBoutique.ch are governed by the present terms of use (the “Terms of Use”). By accessing, browsing and using our Websites you acknowledge that you have read, understood and accepted, without reserve, these Terms of Use, as modified from time to time by us.

1.2 If we decide to modify our Terms of Use, we will post a new dated version on our Websites. Therefore, we invite you to consult these Terms of Use from time to time in order to familiarise yourself with any changes.

2. Use of the Websites

2.1 You may download, display or print the content of our Websites solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission, or broadcast of the content of the Websites, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of JBY S.A.

2.1 You may download, display or print the content of our Websites solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission, or broadcast of the content of the Websites, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of JBY S.A.

2.2 JBY S.A. neither warrants nor represents that your use of any content displayed on its Websites will not infringe rights of third parties.

3. Information Deemed Non-Confidential

3.1 Any personally identifying data and information that you may send via the Internet to our Websites are protected and treated according to our Privacy Policy. JBY S.A. invites you to read such Privacy Policy carefully before providing us with any such personally identifying data and information.

3.2 Any other information or material communicated to through the Internet, by electronic mail or otherwise, including any data, questions, comments, suggestions, ideas, graphics or the like, are and will be treated as non-confidential and non-proprietary. Anything you transmit or post becomes the property of JBY S.A. and may be freely used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Specifically, JBY S.A. is free to use any ideas, concepts, know-how, or techniques contained in any such communication you send to the Websites for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products using such information. Any such use is without compensation to those providing the information, nor anyone else.

4.3 By submitting information, you are warranting that you own the material/content submitted, that it is not defamatory, and that JBY S.A.’s use will not violate any third party's rights. JBY S.A. is under no obligation to use the information provided.

4. Disclaimer of Warranties

4.1 WITHOUT PREJUDICE TO SECTION 6 HEREINAFTER, ANY MATERIAL, INFORMATION AND ALL THAT YOU FIND ON THE WEBSITES ARE FURNISHED TO YOU “AS IS”, IN FUNCTION OF THEIR AVAILABILITY, AND WITHOUT GUARANTY OF ANY SORT, EXPRESS OR IMPLIED, INCLUDING, AMONG OTHERS, THE IMPLIED WARRANTY OF MERCHANTIBILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

4.2 JBY S.A. DOES NOT GUARANTEE THAT ITS WEBSITES OR THEIR CONTENT WILL CORRESPOND TO YOUR EXPECTATIONS, WILL NOT BE INTERRUPTED, TIMELY, SECURE AND FREE OF ERROR.

4.3 SOME JURISDICTION MAY NOT ALLOW CERTAIN LIMITATIONS OF WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

4.4 Any advise or information, be it oral or written, obtained from JBY S.A. or during the use of services made available on the Sites, shall not give rise to any guarantees which are not expressly provided for in the present Terms of Use.

5. Limitation of Liability

5.1 You access, use, browse and navigate on our Websites at your own risk and peril.

5.2 YOU RECOGNISE AND ACCEPT THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE REGULATIONS, NEITHER JBY S.A., ANY OF ITS AFFILIATED COMPANIES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITES, MAY BE HELD LIABLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, ANY INJURY TO REPUTATION, COSTS, LOSSES, DECREASE IN TURNOVER OR PROFITS OR LIABILITIES OF ANY NATURE WHATSOEVER (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOWN BY JBY S.A.), CAPABLE OF ARISING FROM YOUR ACCESS TO, OR USE OF, OR ON THE CONTRARY THE IMPOSSIBILITY TO USE, THE WEBSITES OR THEIR CONTENT.

5.3 ALL MATERIALS WHICH ARE DOWNLOADED OR OBTAINED BY ANY OTHER MANNER DURING THE USE OF OUR WEBSITES ARE AT YOUR OWN RISK AND PERIL. JBY S.A. assumes no liability for any damage or virus which could affect your computer equipment or other property by reason of your access to, use or downloading of any material from its Websites or for any illegal intrusion or intervention in the IT systems.

5.4 JBY S.A. reserves the right to interrupt or discontinue any or all of the functionality of its Websites. JBY S.A. accepts no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its Websites resulting from actions or omissions of JBY S.A. or any third party.

6. Change of Information

The content of our Websites may contain inaccuracies or errors. JBY S.A. reserves the right to make changes, corrections and/or improvements to such content any time without prior notice but does not assume any responsibility to do so.

7. Availability of Products / Services

Our Websites may contain information on JBY S.A.'s worldwide products and services, not all of which are available in every location. A reference to a JBY S.A. product or service on the Websites does not imply that such product or service is or will be available at your location.

8. Links

8.1 As a service to our visitors, our Websites may contain hypertext links leading to other websites that are not operated or controlled by JBY S.A. JBY S.A. shall not be considered as responsible for these sites and declines all responsibility and liability in relation to their content, legality, accuracy or functions.

8.2 The creation of any hyperlink to our Websites is prohibited without prior written consent of JBY S.A.

9. Miscellaneous

9.1 The present Terms of Use embody the entire agreement concluded between JBY S.A. and yourself concerning the access and the use of the Websites and their content. Any other terms or conditions issued by JBY S.A.l and governing its relations with you, in particular relating to any service or purchase of product, shall supplement the Terms of Use; in the event of any inconsistency between them, the other terms or conditions shall prevail over these Terms of Use.

9.2 The fact that JBY S.A. tolerates a violation by yourself of one of the obligations set out in the Terms of Use, or does not enforce a right attributed to it there under or under the law shall not be construed as a waiver by it to invoke and enforce its rights.

9.3 In the event that any provision of the Terms of Use is considered to be illegal by law or regulation, existing or future, or by a court ruling, then such provision shall be considered as stricken, all other provisions of the Terms of Use maintaining full force and effect between yourself and JBY S.A.

9.4 The headings of the provisions of the Terms of Use are for convenience alone and shall not alter or modify the terms and conditions in any manner.

JBY S.A. – www.Myprivateboutique.ch

12/2014